Employment Litigation and Wrongful Termination
Wrongful termination is a legal term that refers to a person being fired illegally. In California the relationship between the employer and the employee is “at will.” This means that the employer can terminate the relationship or fire the employee without cause or for no reason. However, an employer may not terminate an employee if it is illegal or violates public policy. Some examples of illegal termination are based on the following:
- Race, Sex, National Origin, Disability, Religion, Pregnancy
- Refusing to Engage in Activity for Your Employer which is Unlawful
- Taking Pregnancy or Family Leave
- Taking Medical Leave
- Requesting a Disability Accommodation
- Refusing Unwelcome Sexual Advances or Harassment
- Requesting Lawful Entitlements such as Rest Breaks or Lunch Breaks
Sometimes, there can be a “constructive discharge” which is another type of wrongful termination. This occurs when an employee resigns because the employer’s behavior has become so intolerable or has made job conditions so difficult that the employee had no choice but to quit. For example, constructive discharge commonly occurs when an employee is being sexually harassed. Harassment can include unwelcome sexual advances, requests for sexual favors, verbal or physical harassment of a physical nature or offensive remarks about a person’s sex.
The Law Offices of Thomas R. Nigro has helped victims of wrongful termination for many years. If you feel you have been fired illegally, please contact the Law Offices of Thomas R. Nigro for a free consultation.